Tripura Factory Registration

A 'factory', as defined in the ‘Factories Act, 1948’, as any premises including the precincts thereof –

Whereon ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or
Whereon twenty or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on;
However, this does not include a mine subject to the operation of the Mines Act, 1952, or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place.”

'Factories' comes under subject 36 in list III (concurrent list) under schedule 7 of Indian constitution entitling both the Union and state governments to enact laws in this subject. Union Government has enacted Factories Act, 1948, which is administered by the Labour and Employment Ministry with the aid of Directorate General Factory Advice Service & Labour Institutes (DGFASLI) and by the State Governments with its inspectorates of factories. This article analyzes the provisions associated with Tripura factory registration.

Objectives of the Act

Regulating the working conditions and safety in factories.
Regulating the health of the workforce.
For enacting special provisions for young persons, women, and children working in factories.

Factory Registration in Tripura

Based on powers conferred by Section 6 in The Factories Act, 1948, the State Government of Tripura formulated The Tripura Factories Rules, 2007 for the submission of factory plans, registration and licensing of factories, and for prescribing the fees payable for registration, licensing and renewal of licenses. The State Government established an enforcement Directorate namely Factories & Boilers Organisation (FBO) which is responsible for enforcement of 19 Central Acts and Rules in Tripura regarding Safety, Health and Welfare of the factory workers all over the State. The Chief Inspector of Factories & Boilers is designated as the Head of the department and an Inspector of Factories heads each district office.

Definition of Factories

In the following categories of factories, even a single worker (working with or without the aid of power), is included under the purview of the Factories Act and Rules. This prompts the requirement of availing the factory registration and valid factory license under Factories Act as an endorsement of their operation.

Printing Press and (or) books.
Saw Mills.
Automobile workshops or any other engineering workshop dealing with the task of repairing, altering, ornamenting, finishing, washing of any metal products.
Rice mills, flour mills, oil mills, milling of any variety of Dal.
Soap manufacturing units.
Ice, ice cream, ice candy manufacturing units.
Medicine and Medicinal products unit.
Units dealing in manufacturing, packing, repacking or finishing of monkey-nut and powdered spices.
Manufacturing of brick tiles, refractory materials, ceramic or mosaic goods.
Manufacture or repair of storage batteries.
Jute bailing and pressing.
Re-threading and molding of tires.
Spinning, weaving or knitting, finishing (including dying) of any textile material,
Hosiery materials, carding, and breaking of cotton.
Manufacture or repair of any electrical equipment, apparatus or appliances or devices.
Pumping of water, sewage.

Workflow of Obtaining Registration

Eligibility to Avail Services of FBO

The services can be availed by:

General public
Industrialists (occupiers of factories registered under Factories Act)
Trade unions
Employees

Documents to be Enclosed for Approval of Plan Drawing

Three copies of Form-5 (duly filed).
For Partnership-Valid partnership deed & list of partners.
For the Public or Limited company - List of directors, certificate of incorporation of the company, resolution of Board of Directors.
For Union and State undertaking Company - Government order having appointed the occupier.
Treasury challan of prescribed fee deposited.
For Hazardous factory - details of the approval of On-Site Emergency Plan approved by the department.
Document in proof of Indian citizen.
Land Document- sale deed/ lease deed.
Land Diversion certificate.
Process flowchart.
Consent certificate from State Pollution Control Board.
Site Plan of factory showing details as per guideline.

Duration Ttaken for Grant of Licence

The Intending person can wait 75 days maximum to get this service delivered
Inspector of Factories & Boilers (District/ Jurisdictional) is the competent officer whom one can approach if the service is not provided in time or rejected by an officer.
To get the decision of the competent officer, the applicant can wait for a maximum of 30 days.
The Chief Inspector of Factories & Boilers is the Appellate authority if the decision of the Competent Officer is neither accepted nor implemented.
To avail the decision of the Appellate authority the applicant can wait for a maximum of 30 days.

Documents for Renewal of Factory Licence

Form-6.
Original factory license & treasury challan depositing fee.

These documents must be submitted on or before 31^st October without an additional fee.

Refusal of Granting Permission

Based on Section 6(3) in ‘The Factories Act, 1948,’ If permission to the site, construction or extension of a factory and licensing of a factory is declined by the State Government or a Chief Inspector, the applicant can appeal to the Union Government within 30 days of the date of such refusal.

Validity and Renewal of Licence

The license is valid up to 31st December of the year in which the license is granted.
Application of renewal is made every calendar year in Form-6 along with treasury challan before 1^st November of the license expiration due year.
If a license granted to a factory on or after the 1st day of October in any year, the renewal application for the license should be made on or before the 31st day of January of the succeeding year.
Renewal fees are mentioned in Rule 7 of TRIPURA FACTORIES RULES, 2007.

Amending a Licence

A Licence can be modified by submitting an amendment application to the Chief Inspector of Factories before 30 days of the applicant’s desired date on which the amendment is to take effect.